Tex. Educ. Code § 48.257 · Subchapter F. FINANCING THE PROGRAM
LOCAL REVENUE LEVEL IN EXCESS OF ENTITLEMENT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Subject to Subsection (b), if a school district's tier one local share under Section 48.256 exceeds the district's entitlement under Section 48.266(a)(1) less the district's distribution from the state available school fund, the district must reduce the district's tier one revenue level in accordance with Chapter 49 to a level not to exceed the district's entitlement under Section 48.266(a)(1) less the district's distribution from the state available school fund.
(b) This subsection applies only to a school district to which Subsection (a) applies. If a district's maintenance and operations tax collections from the tax rate described by Section 45.0032(a) for the current tax year minus the required reduction in a district's tier one revenue level under Subsection (a) results in an amount that is less than the amount of the district's entitlement under Section 48.266(a)(1) less the district's distribution from the state available school fund, the agency shall adjust the amount of the reduction required in the district's tier one revenue level under Subsection (a) up to the amount of local funds necessary for the district's entitlement under Section 48.266(a)(1) less the district's distribution from the state available school fund.
(b-1) If for any school year a school district receives an adjustment under Subsection (b) and, after that adjustment, is no longer subject to Subsection (a), the district is entitled to additional state aid for that school year in an amount equal to the lesser of:
(1) the difference, if the difference is greater than zero, between:
(A) the amount to which the district is entitled under Subchapters B, C, and D less the district's distribution from the available school fund for that school year; and
(B) the district's tier one maintenance and operations tax collections for that school year; or
(2) the district's allotment under Section 48.158 for that school year.
(c) For purposes of Subsection (a), state aid to which a district is entitled under this chapter that is not described by Section 48.266(a)(3) may offset the amount by which a district must reduce the district's revenue level under this section. Any amount of state aid used as an offset under this subsection shall reduce the amount of state aid to which the district is entitled.
(d) Except as provided by Subsection (e), a school district is entitled to retain the total amount of the district's tier two local share described by Section 48.266(a)(5)(A).
(e) In any school year for which the amount of state funds appropriated specifically excludes the amount necessary to provide the dollar amount guaranteed level of state and local funds per weighted student per cent of tax effort under Section 48.202(a-1)(1), a district may only retain the amount of the district's tier two local share described by Section 48.266(a)(5)(A) equal to the amount of revenue that would be generated based on the amount appropriated for the dollar amount guaranteed level of state and local funds.
(f) If the amount of a school district's tier two local share described by Section 48.266(a)(5)(B) to which a district is entitled exceeds the amount described by Section 48.202(a-1)(2), the district must reduce the district's revenue in accordance with Chapter 49 to a level not to exceed the amount described by Section 48.202 (a-1)(2).
(g) For a district to which Section 45.003(f) applies, revenue generated from any cents of maintenance and operations tax effort that exceeds the maximum rate permitted under Section 45.003(d) is subject to the revenue limit established under Subsection (f).
Notes and commentary — not statutory text
History
Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 1.041, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 35, eff. September 1, 2021.
Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 1.08, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ED/htm/ED.48.htm
- Text hash
- sha256 b391f7268dfea417300d7a109f1ebcf6c0da90642b9a2369f6dadd24b2e66084
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Education Code
- Tex. Educ. Code § 45.003BOND AND TAX ELECTIONS.Printed as Section 45.003(d) | Section 45.003(f)
- Tex. Educ. Code § 45.0032COMPONENTS OF MAINTENANCE AND OPERATIONS TAX.Printed as Section 45.0032(a)
- Tex. Educ. Code § 48.158TEACHER RETENTION ALLOTMENT.Printed as Section 48.158
- Tex. Educ. Code § 48.202TIER TWO ALLOTMENT.Printed as Section 48.202
- Tex. Educ. Code § 48.256LOCAL SHARE OF PROGRAM COST (TIER ONE).Printed as Section 48.256
- Tex. Educ. Code § 48.266DISTRIBUTION OF FOUNDATION SCHOOL FUND.Printed as Section 48.266(a)(1) | Section 48.266(a)(3) | Section 48.266(a)(5)(A) | Section 48.266(a)(5)(B)
- Tex. Educ. Code ch. 49OPTIONS FOR LOCAL REVENUE LEVELS IN EXCESS OF ENTITLEMENTPrinted as Chapter 49
Cited by 27 provisions
Provisions in this library whose text cites Tex. Educ. Code § 48.257. Each shows the citation as that text prints it.
Education Code
- Tex. Educ. Code § 29.203FINANCING.Printed as Section 48.257
- Tex. Educ. Code § 30.003SUPPORT OF STUDENTS ENROLLED IN TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED OR TEXAS SCHOOL FOR THE DEAF.Printed as Section 48.257
- Tex. Educ. Code § 37.0061FUNDING FOR ALTERNATIVE EDUCATION SERVICES IN JUVENILE RESIDENTIAL FACILITIES.Printed as Section 48.257
- Tex. Educ. Code § 45.261REIMBURSEMENT OF FOUNDATION SCHOOL PROGRAM.Printed as Section 48.257
- Tex. Educ. Code § 48.010DETERMINATION OF FUNDING LEVELS.Printed as Section 48.257
- Tex. Educ. Code § 48.202TIER TWO ALLOTMENT.Printed as Section 48.257
- Tex. Educ. Code § 48.2553PERMITTED TAX RATE FOR MAINTENANCE OF 2020-2021 SCHOOL YEAR BASIC ALLOTMENT.Printed as Section 48.257
- Tex. Educ. Code § 48.2721RECOVERY OF FUNDS FROM EXCESSIVE TAXATION.Printed as Section 48.257
- Tex. Educ. Code § 48.283ADDITIONAL STATE AID FOR CERTAIN DISTRICTS IMPACTED BY COMPRESSION.Printed as Section 48.257(b)
- Tex. Educ. Code § 49.001DEFINITIONS.Printed as Section 48.257
- Tex. Educ. Code § 49.004ANNUAL REVIEW OF LOCAL REVENUES.Printed as Section 48.257
- Tex. Educ. Code § 49.0041LOCAL REVENUE LEVEL IN EXCESS OF ENTITLEMENT AFTER REVIEW NOTIFICATION.Printed as Section 48.257
- Tex. Educ. Code § 49.0043TRANSITIONAL PROVISIONS: INCREASED HOMESTEAD EXEMPTIONS.Printed as Section 48.257
- Tex. Educ. Code § 49.0044TRANSITIONAL PROVISIONS: INCREASED HOMESTEAD EXEMPTIONS FOR ELDERLY OR DISABLED PERSONS.Printed as Section 48.257
- Tex. Educ. Code § 49.011CONTINGENCY.Printed as Section 48.257
- Tex. Educ. Code § 49.051AGREEMENT.Printed as Section 48.257
- Tex. Educ. Code § 49.101AGREEMENT.Printed as Section 48.257
- Tex. Educ. Code § 49.151AGREEMENT.Printed as Section 48.257
- Tex. Educ. Code § 49.152CREDIT.Printed as Section 48.257
- Tex. Educ. Code § 49.153COST.Printed as Section 48.257
- Tex. Educ. Code § 49.158LIMITATION.Printed as Section 48.257
- Tex. Educ. Code § 49.201AGREEMENT.Printed as Section 48.257
- Tex. Educ. Code § 49.205CAREER AND TECHNOLOGY EDUCATION PROGRAMS.Printed as Section 48.257
- Tex. Educ. Code § 49.251AGREEMENT.Printed as Section 48.257
- Tex. Educ. Code § 49.305DETACHMENT OF PROPERTY.Printed as Section 48.257
- Tex. Educ. Code § 49.352SELECTION CRITERIA.Printed as Section 48.257
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